Terms of Service (Agreement)

OVERVIEW
Please read the following carefully as you agree to be bound by these Terms of Service while accessing or using any part of the Site, Artworks and Art-stories of Author.
This website (www.talinamalina.art - "Site") is operated by Talina Malinovska - ISNI 0000 0005 2756 4882. Throughout the "Site", the terms "Author" and "Talina Malina" (ISNI 0000 0005 2756 4890) refer to Talina Malinovska, who own the trademark “Talina Malina Talina Malinovska”, offers this Site, including all information, Artworks, Art-stories, media functions (“Services”) available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions and policies stated here.
By visiting this Site and/or ordering from Author, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Any new Services which are added to the current Site shall also be subject to the Terms of Service. IMPORTANT! If you do not agree to all the terms and conditions of this agreement, then you should not access the Site or use the Service, including Author’s Art-objects.

SECTION 1 - GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence to use this Site and Services. You may not use Author's Services and Artworks for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services and Artworks without Author's written permission. Questions about the Services and obtaining the Artworks should be sent at art@talinamalina.art.

SECTION 2 - SITE INFORMATION ACCURACY
Author is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Author reserves the right to modify the contents of this Site at any time, but has no obligation to update it. You agree that it is your responsibility to monitor changes to the Site. Author made every effort to display as accurately as possible the colors and images of Artworks that appear on the site. Author cannot guarantee that your device’ display of any color will be accurate.

SECTION 3 - PRODUCTS AND SERVICES
Author reserves the right to make minor changes to any part of the Artwork until transition to the first owner. All descriptions of Artworks or pricing are subject to change at any time without notice, at the sole discretion of Author. Author doesn't warrant that the quality of any Services and Artworks purchased or obtained by you will meet your personal expectations, as every Artwork is handmade in a single copy and represents Author's personal view and expression.

SECTION 4 - CERTIFICATE OF AUTHENTICITY AND THE HISTORY OF OWNERSHIP
Author assures that every Artwork offered on the Site is unique, exists in a single item and has no copies. Certificate of authenticity signed by Author is included to every Artwork sold. It contains all the data concerning each Artwork and the information of the first owner. You agree to provide current, complete and accurate account information for all purchases made from Author’s store. You also agree to promptly update your account and other information, including transfer of Author’s Artwork into the property of another person. This case the updated information on new owner should be added to the History of ownership in Certificate of authenticity and the copy of updated Certificate should be sent to Author at art@talinamalina.art together with the new owner’s contact data. IMPORTANT NOTICE! In case the ownership history is not updated it becomes impossible to verify the authenticity of the Artwork!
You and Author agreed that any personal information obtained by the parties during the use of the Site or purchase of Artworks is confidential and is not subject to disclosure, unless otherwise established by law. Author acts in accordance with the Privacy and Personal Data Processing Policy. Attention! Extra digital layers of Artworks / Certificates, including NFC tags and other forms of enhanced interaction, are part of the artistic concept and do not form an independent digital product.

SECTION 5 - ORDERING PROCCESS
To order Artwork you need to send a request via the ORDER page. If Author confirms the possibility of transferring Artwork, the parties will agree on payment and delivery terms. By paying the invoice you accept these Terms and the details of the transaction indicated in the invoice.
The purchase is considered completed when the payment is confirmed and the Artwork is assigned to a new owner according to the History of ownership in Certificate of authenticity. The ownership (including the risk of accidental loss or damage) passes from Author to a new owner in the moment when Artwork is handed over personally or to an agreed delivery service.
You and Author agreed that original Artworks created as an individual Author's concept are not subject to return or exchange in the absence of defects occurred during delivery process.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Author's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, bull etc; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Author reserves the right to terminate your use of Service for violating any of the prohibited uses.
Attention! After Art-work is transferred to a new owner Author is not responsible for it’s integrity and safety, the new owner must ensure proper conditions and follow the CARE RULES in order to protect Art-work from damage and premature destruction of the paint layer.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS AND PROHIBITED USES
Site and Artworks are copyrighted being the subject of Author's intellectual property. No any terms of this Agreement may be interpreted as passing copyrights or any right for the brand name, trademarks, personal author's brand, domain names and other individualization elements of Author, including the name and pseudonym registered (ISNI 0000 0005 2756 4882, ISNI 0000 0005 2756 4890) and any elements of Author's creativity and concepts. Passing the Artwork means the transfer of ownership rights to a single material object for personal non-commercial use only. Author reserves all exclusive, proprietary and non-proprietary rights provided for by law, including the right to reproduce, publish, demonstrate, create derivative works, and use Artwork’ images and Art-story texts in any form, on any media and for any purpose.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Artworks, Site and its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Author’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, bull etc; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Author reserves the right to terminate your use of Service for violating any of the prohibited uses.

SECTION 7 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
Author do not guarantee that your use of our Service and Artworks will be uninterrupted, timely, secure, accurate or reliable. You agree that Author may pause the Site and Service at any time without notice. Author reserves the right to refuse Service and Artworks to anyone for any reason at any time.
Services and Artworks delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Talina Malinovska or affiliates, agents, contractors or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of any of the Service or any Artworks procured using the Service, or for any other claim related in any way to your use of any Service or any Artwork.
You agree to indemnify, defend and hold harmless Talina Malinovska or affiliates, partners, agents, contractors, licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 8 - SEVERABILITY AND TERMINATION
In case any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by parties. You may terminate these Terms of Service at any time by terminating using the Site, the Artworks and the Service.

SECTION 9 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country of origin of Artworks and Services.

SECTION 10 - TERMS OF SERVICE MODIFICATION
You can review the most current version of the Terms of Service at any time on this page. Author reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Publication date: March 30, 2026.

IMPORTANT LINKS:
Terms of Service and User Agreement
Privacy Policy and Data Processing
Request form to order Art-objest
Rules of care and storage for Artworks